Legal Opinion

De Falco v. Long Island College Hospital

New York Supreme Court

Decided January 11, 1977PublishedCited by 9 opinions

1Opinion of the CourtThomas Russell Jones, J.

The defendants, Dr. Norman Stahl and Long Island College Hospital, have moved to set *165aside a jury verdict for the plaintiff in the sum of $375,000, as apportioned against them — 60% and 40% respectively, in this malpractice action, for failure of proof. They contend that by no rational process could the jury base a finding in favor of the plaintiff upon the evidence presented. (McDonald v Metropolitan St. Ry. Co., 167 NY 66.) Each defendant seeks judgment as a matter of law (CPLR 4401), on the ground that there is insufficient evidence to warrant a verdict for the plaintiff. In the…

2Cases cited24 opinions

  1. Bing v. ThunigNew York Court of Appeals · 1957
  2. Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
  3. George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
  4. Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
  5. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901

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3Cited by9 opinions

  1. Kenneth E. Sitts v. United StatesCourt of Appeals for the Second Circuit · 1987
  2. Hilda Hegger, of the Estate of Fred P. Hegger, Plaintiff-Appellee v. George E. Green, and St. Luke's Hospital Center, Defendant-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1981
  3. De Leon v. Hospital of Albert Einstein College of MedicineAppellate Division of the Supreme Court of the State of New York · 1991
  4. Gould v. New York City Health & Hospitals Corp.New York Supreme Court · 1985
  5. Cummings v. FondakAppellate Terms of the Supreme Court of New York · 1983

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